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Ministry of Primary Industries v Cole [2022] NZDC 10606

Published 30 August 2023

Sentencing — animal cruelty — ill treatment — insufficient food — serious offending — mental health — Animal Welfare Act 1999. This was a sentence for charges under the Animal Welfare Act. The defendant faced charges of ill treatment of an animal, failing to provide for the physical health and behavioral needs of an animal and failing to comply with the requirements of an inspector. The deer on the defendant's farm had no access to pasture or water. The horses were underweight and had no access to grazing. The Judge noted that this was serious offending which caused considerable pain, suffering and distress to the animals. The starting point for sentence was imprisonment, and it was noted that the seriousness of the offending was high. However this was mitigated by the defendant's deteriorating mental health which affected her ability to look after the animals. Due to the defendant's mental health, the sentence instead was 18 months of intensive supervision, as the Judge determined imprisonment would not be appropriate. The defendant was ordered to pay $5,921 and was banned from any involvement with any animals for a minimum of 20 years. Judgment Date: 3 June 2022.